CROSS REFERENCES Enforcement of penalties and forfeitures under the customs laws, see section 1581 et seq. of Title 19, Customs Duties. §§ 329, 330. Repealed. Pub. L. 95-410, title II, § 214(a), Oct. 3, 1978, 92 Stat. 904 Section 329, R.S. § 4381; June 19, 1886, ch. 421, § 1, 24 Stat. 79; Aug. 24, 1912, ch. 355, § 1, 37 Stat. 434, provided for fees for prescribed services from owners and masters of vessels in domestic commerce, except vessels navigating frontier waters. See section 58a of Title 19, Custom Duties. Section 330, R.S. § 4382; July 5, 1884, ch. 228, §§ 2, 3, 23 Stat. 132, 133; June 19, 1886, ch. 421, § 1, 24 Stat. 79; Mar. 3, 1897, ch. 389, § 9, 29 Stat. 689, provided for fees for prescribed services from owners and masters of vessels in domestic commerce navigating frontier waters. See section 58a of Title 19. § 331. Certain fees abolished No fees shall be charged or collected by collectors or other officers of customs, or by Coast Guard officials, for the following services to vessels of the United States, to wit: Measurement of tonnage and certifying the same, except that the compensation and necessary travel and subsistence expenses of the officers so measuring or certifying such vessels at the request of the owners thereof at a place other than a port of entry or a customs station shall be paid by such owners; issuing of license or granting of certificate of registry, record, or enrollment, including all indorsements on the same and oath; indorsement of change of master; certifying and receiving manifest, including master's oath and permit; granting permit to vessels licensed for the fisheries to touch and trade; granting certificate of payment of tonnage dues; recording bill of sale, mortgage, hypothecation or conveyance, or the discharge of such mortgage or hypothecation; furnishing certificate of title; furnishing the crew list; certificate of protection to seamen; bill of health; shipping or discharging of seamen, as provided by title 53 of the Revised Statutes and sections 563 and 646 of this title; apprenticing boys to the merchant service; inspecting, examining, and licensing steam vessels, including inspection certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel. (June 19, 1886, ch. 421, § 1, 24 Stat. 79; Apr. 4, 1888, ch. 61, § 2, 25 Stat. 80; June 25, 1938, ch. 679, § 19(a), 52 Stat. 1087; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.) REFERENCES IN TEXT Title 53 of the Revised Statutes, referred to in text, consists of R.S. §§ 4501 to 4612, which are classified to Sections 541 to 543, 545 to 549, 561, 562, 564 to 571, 574 to 578, 591 to 597, 600, 602 to 605, 621 to 628, 641 to 643, 644, 645, 651 to 660, 661 to 669, 674 to 679, 681 to 687, 701 to 710, and 711 to 713 of this title. For complete classification of R.S. §§ 4501 to 4612 to the Code, see Tables. provisions of laws authorizing or requiring the collection of fees for such services are repealed, such repeal to take effect July first, eighteen hundred and eightysix. Collectors or other officers of customs, inspectors of steam vessels, and shipping commissioners who are paid wholly or partly by fees shall make a detailed report of such services, and the fees provided by law, to the Secretary of the Treasury, under such regulations as that officer may prescribe; and the Secretary of the Treasury shall allow and pay, from any money in the Treasury not otherwise appropriated, said officers such compensation for said services as each would have received prior to the passage of this act; also such compensation to clerks of shipping commissioners and clerks of steamboat inspectors, and such allowances for fees of United States marshals and witnesses for services under the steamboat-inspection laws, and for expenses of steamboat inspectors provided for by section forty-four hundred and sixty-one of the Revised Statutes as would have been paid them had this act not passed: Provided, That such services have, in the opinion of the Secretary of the Treasury, been necessarily rendered." The amendment by act Apr. 4, 1888, inserted in the last sentence, after the words "clerks of shipping commissioners," the provisions beginning with the words "and clerks of steamboat inspectors," and ending with the words "of the Revised Statutes." These provisions were, in part superseded by the reorganization of the customs service under act Aug. 24, 1912, ch. 355, § 1, 37 Stat. 434 (section 1 of Title 19, Customs Duties); in part by act June 25, 1910, ch. 384, § 7, 36 Stat. 773, repealing so much of the act of 1886 as made a permanent indefinite appropriation to pay compensation to shipping commissioners and their clerks, and requiring estimates therefor to be submitted annually; and in part by subsequent acts making appropriations for the steamboat inspection service and shipping commissioners. See act Feb. 24, 1927, ch. 189, 44 Stat. 1205, 1206. The following provisions were omitted from the Code as superseded by this section: R.S. § 4185, as to fees of collectors for each certificate of registry or record, for each indorsement, and for taking any bond required by that title; R.S. § 4186, as to fees of surveyors for the admeasurement of vessels, etc., and other services to be performed on board vessels; R.S. § 4458, as amended by act Apr. 5, 1882, ch. 67, 22 Stat. 40, as to sums to be demanded and received by the collector or other chief officer of the customs before issuing any license to any steamer, as compensation for the inspections and examinations made for the year; and the fees to be paid by each master, engineer, pilot, and mate, licensed as therein provided; and act June 26, 1884, ch. 121, § 28, 23 Stat. 59, dealing, in part, with the same matters; R.S. §§ 4592, and 4593, as to fees upon engagements and discharges and apprenticeships effected before shipping commissioners; a provision of act Aug. 5, 1882, ch. 398, § 3, 22 Stat. 301, authorizing the Secretary of the Treasury to establish and promulgate a scale of fees for readmeasurement of spaces to be deducted from the gross tonnage of a vessel. R.S. §§ 4185, 4186, 4458, 4592, and 4593, cited above, were later repealed by act Mar. 3, 1933, ch. 202, § 1, 47 Stat. 1431. A provision of act Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1315, that all payments to collectors or other officers of the customs on account of fees theretofore paid from the permanent indefinite appropriation provided for by section 1 of the act of 1886, should be paid from the appropriation "Expense of collecting the revenue from customs" was superseded by the reorganization of the customs service mentioned above. AMENDMENTS 1938-Act June 25, 1938, required owners of vessels to pay compensation and travel and subsistence expenses of officers measuring or certifying vessels at request of owners at a place other than a port of entry or customs station. EFFECTIVE DATE OF 1938 AmendmenT Amendment by act June 25, 1938, effective 30 days after June 25, 1938, except as otherwise specifically provided, see section 37 of act June 25, 1938, set out as a note under section 1401 of Title 19, Customs Duties. TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and duties relating to the Coast Guard of the Secretary of the Treasury and of other officers and offices of the Department of the Treasury were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, the Coast Guard shall operate as part of the Navy in time of war or when the President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to the Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of the Coast Guard, and the Commandant of the Coast Guard, were excepted from transfer when the Coast Guard is operating as part of the Navy under sections 1 and 3 of Title 14. "Coast Guard officials" was substituted for "inspectors of steam vessels or shipping commissioners" on authority of Reorg. Plan No. 3 of 1946, §§ 101-104, set out as a note under section 1 of this title. ADMINISTRATIVE DELEGATION OF FUNCTIONS BY Administrative delegation of functions by Secretary of the Treasury, see note set out under section 1 of this title. CROSS REFERENCES Definition of enrollment, license, or registry with respect to vessel documentation, see section 65w of this title. Fees for bill of sale, conveyance or mortgage recorded, or certificate or certified copy furnished, see section 927 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 391a of this title. § 332. Repealed. Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459 Section, act June 30, 1879, ch. 54, 21 Stat. 44, set forth exemptions of vessels not propelled by sail or internal motive power. EFFECTIVE DATE OF REPEAL Section repealed effective on the first day of the eighteenth month following December, 1980, see sec tion 128 of Pub. L. 96-594, set out as an Effective Date note under section 65 of this title. § 333. Repealed. Pub. L. 95-410, title II, § 214(a), Oct. 3, 1978, 92 Stat. 904 Section, R.S. § 4383; June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740; Aug. 8, 1953, ch. 397, § 2(d), 67 Stat. 508, imposed upon collector and Treasury designated officer or employee the duty of posting in his office a table of fees for prescribed services. See section 58a of Title 19, Customs Duties. §§ 334, 335. Repealed. Pub. L. 96-594, title I, § 127, Dec. 24, 1980, 94 Stat. 3459 Section 334, R.S. § 4384, related to vessels liable for fees for enrollment. Section 335, R.S. § 4385, related to inapplicability of title 50 of the Revised Statutes to boats or lighters. EFFECTIVE DATE OF REPEAL Sections repealed effective on the first day of the eighteenth month following December, 1980, see section 128 of Pub. L. 96-594, set out as an Effective Date note under section 65 of this title. § 336. Canal boats exempt from enrollment, license, and customs fees The act to which this is a supplement shall not be so construed as to extend the provisions of the said act to canal boats or boats employed on the internal waters or canals of any State; and all such boats, excepting only such as are provided with sails or propelling machinery of their own adapted to lake or coastwise navigation, and excepting such as are employed in trade with the Canadas, shall be exempt from the provisions of the said act, and from the payment of all customs and other fees under any act of Congress. (Apr. 18, 1874, ch. 110, 18 Stat. 31.) REFERENCES in Text The act to which this is a supplement, and the said act, referred to in text, mean act Feb. 18, 1873, ch. 8, 1 Stat. 305, entitled "An Act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same", which was incorporated into the Revised Statutes of 1878 as R.S. §§ 919, 923, 938, 941, 4311, 4312, 4319 to 4327, 4331 to 4338, 4349 to 4356, 4359 to 4369, 4371 to 4381, 4383, and 4385, and thence into the Code principally as sections 251, 252, 259, 262 to 269, 273 to 279, 307 to 315, 318, 321 to 329, 333, and 335 of this title. For complete classification of such Revised Statutes sections to the Code, see Tables. CHAPTER 13-PASSPORTS AND PAPERS OF VESSELS ENGAGED IN FOREIGN COMMERCE Sec. 351 to 353. Omitted. Deposit of ship's papers with consul. §§ 351 to 353. Omitted CODIFICATION Sections 351 to 353 were omitted in view of the discontinuance of passports and sea letters by Presidential proclamation on Apr. 10, 1815. Section 351, R.S. § 4306, related to passports for United States vessels on departure to foreign countries. Section 352, R.S. § 4307, related to the penalty for departing without a passport. Section 353, R.S. § 4308, related to passports of unregistered vessels. § 354. Deposit of ship's papers with consul Every master of a vessel, belonging to citizens of the United States, who shall sail from any port of the United States, shall, on his arrival at a foreign port, deposit his register, with the consul or vice consul, if any there be at such port; and it shall be the duty of such consul or vice consul, on such master or commander producing to him a clearance from the proper officer of the port where his vessel may be, to deliver to the master all of his papers, if such master or commander has complied with the provisions of law relating to the discharge of seamen in a foreign country, and to the payment of the fees of consular officers. (R.S. § 4309; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.) CODIFICATION Foreign vessels admitted to registry. Seagoing vessels propelled by internal-combustion engines; exemptions. 369. Examination and approval by Commandant of the Coast Guard. (a) Technical staff; qualifications and appointment; duty to pass on plans and specifications; notice of disapproval. (b) Approval condition precedent to certificate of inspection; alterations in plans after approval; acceptance of plans approved by American Bureau of Shipping. (c) Endorsement of approval on plans; departure from plans; refusal to issue certificate; making alterations before approval of modified plans; penalty. (d) Matters included in term "plans and specifications"; specification for fire-retardant material. (e) Defacing or destruction of plans; Administration of inspection laws. 373 to 374a. Repealed or Omitted. 375. 376 to 382b. 382b-1. Regulations of the Commandant. 382a-1. Omitted or Repealed. Extra pay for overtime services; payment by owner or master or agent; appropriations; regulation of varying working hours. Reimbursements for inspection or examination of documented vessels at foreign ports or places credited to appropriation for operating expenses of Coast Guard. 382c to 385. Repealed. 390. 390a. SUBCHAPTER IV-SMALL PASSENGER CARRYING VESSELS Definitions. Inspection. (a) Frequency and requirements. Penalty for receiving passengers in absence of unexpired certificate of approval. Punishment for certifying falsely. 404-1. Inspection and manning of small vessels; regulations; exemptions. Offshore supply vessels. (1) "Offshore supply vessel" defined. (3) "New offshore supply vessel" de- (4) "Passenger" defined in application of sections 390 to 390g, 391, and 404 of this title to offshore supply vessel. (5) "Freight for hire" and "freight carrying vessel" definitions inapplicable to offshore supply vessel. (6) Inspection of new offshore supply vessel. (7) Inspection of existing new offshore supply vessel; hazardous conditions; registration and initial inspection in absence of certification: interim manning level; subsection (6) applicable after 1988 to aged offshore supply vessel. (8) Prohibition against navigation without licensed officers. (9) Standards and inspection requirements applicable to certificated offshore supply vessel operating on January 1, 1979. (10) Emergency carriage of passengers without effect on status of offshore supply vessel. Fishing vessels; transfer and transportation of catch of other vessels. Tugboats, freight boats, and towing vessels; licensing of personnel. Construction of boilers and unfired pressure vessels. Punishment for improper construction. Boiler plates. Boilers, unfired pressure vessels, and appurtenances; machinery and electrical equipment. censes. 415. 416. 417. Stamping boiler plates. Counterfeiting stamps. Boilers and pressure vessels; safety standards. Thickness of boiler plate. Obstructing safety valves. 393. 394. 395. (a) Passenger vessels; annual inspection. (c) Examination for conformity. Control of safety valves and steam gauges. Seagoing barges; hulls and equipment. (a) Annual inspection of barges over 100 (b) Biennial inspection of barges over (d) Certificate of inspection. (e) Definition. Repealed. Certificate of inspection and equipment of barge required. Omitted. Regulations. 418, 419. Omitted. Permits exempting specific cargo-carrying vessels in Alaska from inspection, etc., requirements. (a) Authority to issue; provisions subject (b) Prerequisites for issuance. (d) Terms and conditions. (e) Dangerous condition, manner of operation, etc., of vessel; remedies available to designated Coast Guard official. (f) Revocation; civil penalty. SUBCHAPTER VI-PROCEDURE; DECISIONS 396. 397. 398. 399. Navigating barge without certificate. AND REVIEW THEREOF 431 to 434. Omitted. Reinspections and notice for repairs; enforcement of requirements. This title, referred to in text, means title 52 of the Revised Statutes, which consists of R.S. §§ 4399 to 4500 and which are classified to sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234, 239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of this title. For complete classification of R.S. §§ 4399 to 4500 to the Code, see Tables. CODIFICATION R.S. § 4399 derived from act Feb. 28, 1871, ch. 100, § 1, 16 Stat. 440. AMENDMENTS 1980-Pub. L. 96-378 substituted "this title" for "this Act" and provision for vessel propelled by machinery other than steam for provision for vessel propelled by form of mechanical or electrical power other than steam and deleted provision respecting exemption of motor boats as defined in act June 9, 1910, ch. 268, 36 Stat. 462. 1933-Act June 13, 1933, amended section generally and added proviso exempting certain motor boats from the provisions of act June 13, 1933. CROSS REFERENCES Inspection of vessels having inflammable or combustible liquid cargo in bulk, see section 391a of this title. § 362. Domestic and foreign vessels (a) Laws applicable; reciprocal acceptance of foreign certificates of inspection; fees All steam vessels navigating any waters of the United States which are common highways of commerce or open to general or competitive navigation, excepting public vessels of the United States, vessels of other countries, and boats propelled in whole or in part by steam for navigating canals, shall be subject to the provisions of title 52 of the Revised Statutes. And all foreign private steam vessels carrying passengers from any port of the United States to any other place or country shall be subject to the provisions of sections 170, 391, 392, 399, 400, 401, 402, 463, 464, 466, 472, 475, 481, 494, 495, 497, and 498 of this title, and shall be liable to visitation and inspection by the proper officer, in any of the ports of the United States, respecting any of the provisions of the sections aforesaid: Provided, however, That when such foreign passenger steamers belong to countries having inspection laws approximating those of the United States, and have unexpired certificates of inspection issued by the proper authorities in the respective countries to which they belong, they shall be subject to no other inspection than necessary to satisfy the Coast Guard that the condition of the vessel, her boilers, and lifesaving equipments are as stated in the current certificate of inspection; but no such certificate of inspection shall be accepted as evidence of lawful inspection except when presented by steam vessels of other countries which have by their laws accorded to the steam vessels of the United States visiting such countries the same privilege accorded to the steam vessels of such countries visiting the United States; it being further provided that there shall be collected and paid into the Treasury of the United States the same fees for the inspection of foreign passenger steamers carrying passengers from the United States that any foreign nation shall charge the merchant vessels of the United States trading to the ports of such nationality; it being further provided that the Commandant of the Coast Guard shall have the power to waive at any time the collection of such fees upon due notice of the proper authorities of any country concerned that the collection of fees for the inspection of American steam merchant vessels has been discontinued. It is further provided that the Commandant of the Coast Guard may, in his discretion, permit any foreign passenger steamer coming within the provisions of this section whose foreign certificate of inspection shall have expired at sea since last leaving the country to which said vessel belongs, or while said vessel shall have been in a port of the United States, to sail upon her regular route without undergoing any further inspection than would have been required had said foreign certificate of inspection been in force: Provided, however, That such discretion shall be exercised only with respect of vessels operated upon regularly established lines, and in cases where such foreign passenger steamers will be regularly inspected by the au |